in fact, I thought there was a 5 year mandatory jail sentence for possessing a fire arm. Looks to me like he's gotten off lightly.

So despite the fact his belongings were packed in Iraq by his colleagues (he had left to arrange the funerals of two fellow soldiers) and suffered brain damage in the year his belongings were returned, you think there is not a case for appeal?

He's clearly guilty, the problem is the mandated penalty, which is 5 years, so he got off lightly.

Not in the public interest to prosecute, but once it goes forward, he should get 5 years in jail, unfortunately - if there was no mandated sentence he'd be able to get a suspended sentence or some notional fine as the judge would have sentencing discretion, but as the penalty is written in the act, he's fvcked.

Not sure what to make of this. I read somewhere that he had not unpacked the bag it was in since his return, which I would find strange, if he did not know he had it how did the police know who to raid if he wasn't grassed by the people that packed it?
Why would they randomly raid his house? A glock doesn't sound like a war souvenir really or 300 rounds of ammo.
There is so much missing from this story and it stinks.

Not sure what to make of this. I read somewhere that he had not unpacked the bag it was in since his return, which I would find strange, if he did not know he had it how did the police know who to raid if he wasn't grassed by the people that packed it?
Why would they randomly raid his house? A glock doesn't sound like a war souvenir really or 300 rounds of ammo.
There is so much missing from this story and it stinks.

Carl.

This is pretty much my problem.

I understand that a small pistol, wrapped up in an old cloth at the bottom of a kit bag COULD perhaps be forgotten, especially if you didn't pack it etc. However, 300 rounds of ammo? That's no easily unseen, surely.

And you're right. If he hadn't unpacked his bag, who could have known about the pistol that apparently even he had forgotten about. Who would have seen it to tell the police.

The transcript of the original hearing is available online; it's interesting reading because it just shows how much of a spin every news outlet put on the original story (not necessarily consistent either).

He knew he had the ammo, since he hid it before the place was searched. He pleaded guilty. His sentence was military detention, which isn't prison, and he wasn't going to lose his career as a result. The quotes from his solicitor after the first hearing must have been made up, surely, because nobody can be so stupid as to advise their client to plead guilty then tell them to appeal because they weren't found to be innocent

*If* his mates did pack the weapon and the ammo then how can anyone be so sure they exercised the correct judgement? They're paid to do and not to think (unless they're being shot at) and 300 rounds in a bag "cos it's bobs, innit" wouldn't be unreasonable.

Brain damage and forgetting about it all is fair enough. Who cares, it's a mistake with no intent. Hand the gun over and have done with it. But why did it get this far? Is someone just being an anus or as being alluded to, is there more to the story.

He got a brain injury 2 years after the stuff was boxed and returned to the UK.

As for it being a mistake with no intent, it's a strict liability offence. If I forgot about a handgun and large amount of ammunition, I wouldn't get away with it for being a respectable professional person; and he shouldn't just because he is in the military. There's a reason why all guns issued to personnel are logged; it's because shots fired by them will identify them.

Sorry, there is nobody in this country to whom the law does not, or should not, apply.

This.

I do sympathise with him, and I'm actually pleased he's out; his record is incredibly impressive. However, I'm a bit concerned that the pressure, campaigning and spin appear to have masked/downplayed some fairly important and fundamental facts about the case. As Jobbo says, if he's done it, he doesn't get a free pass just because he was in the army.